Pharmacy (Northern Ireland) Order 1976

SCHEDULES

Article 3(2).

SCHEDULE 1 N.I. THE PHARMACEUTICAL SOCIETY OF NORTHERN IRELAND

PART I N.I. THE CONSTITUTION OF THE SOCIETY

1.  The Society is a body corporate. N.I.

2.  Every person registered as a pharmaceutical chemist shall, so long as he continues to be so registered, be a member of the Society. N.I.

3.—(1) Every person registered as a druggist shall, so long as he continues to be so registered, be an associate of the Society. N.I.

(2) Every associate of the Society shall have the privilege of attending and voting at all meetings of the Society, and otherwise taking part in the Society's proceedings, in the same manner as a member of the Society.

4.  Every person registered as a student shall, so long as he continues to be so registered, be a student of the Society. N.I.

5.  The Council may elect suitable members or associates of the Society as fellows of the Society and may elect suitable persons as honorary members of the Society. N.I.

PART II N.I. SUPPLEMENTARY PROVISIONS AS TO THE SOCIETY

The seal N.I.

6.  The fixing of the seal of the Society shall be authenticated in such manner as may be prescribed, and any document purporting to be sealed with that seal so authenticated shall be receivable in evidence of the particulars stated in that document. N.I.

Officers N.I.

7.—(1) The Council may employ a secretary of the Society (who shall be a registered pharmaceutical chemist), a treasurer and such other subordinate officers as may be found necessary for the performance of the Society's functions. N.I.

(2) All fees and other sums which are payable to the Society under this Order shall be paid to the treasurer and shall be applied to the purposes of the Society in such manner as may be determined by the Council under Article 4(3).

Superannuation, etc. N.I.

8.—(1) The Society may in its discretion, with the consent of the Department, grant to any officer whose whole time has been devoted to the service of the Society and who has become incapable of discharging the duties of his office with efficiency by reason of permanent infirmity of mind or body or old age, upon his resigning or otherwise ceasing to hold his office, an annual allowance not exceeding in any case two-thirds of his salary and emoluments at that time. N.I.

(2) An officer shall not be qualified to receive an allowance under this paragraph on the ground of age unless he has attained the age of sixty years and has served as an officer of the Society for twenty years at least.

(3) An allowance under this paragraph shall be payable to, or in trust for the officer concerned and shall not be assignable or chargeable with debts or other liabilities.

(4) Where an officer whose whole time has been devoted to the service of the Society dies, after he has served five years or upwards, while still employed in that service, the Society may in its discretion, with the consent of the Department, grant to his legal personal representatives a gratuity equal to the annual salary and emoluments of his office.

(5) Where an officer, having become entitled to an annual allowance under this paragraph, dies after he has retired from the service of the Society, and the sums paid or payable to him at the time of his death on account of that allowance are less than the amount of the annual salary and emoluments of his office, the Society may in its discretion, with the consent of the Department, grant to his legal personal representatives a gratuity equal to the deficiency.

Article 4(2).

SCHEDULE 2 N.I. THE COUNCIL OF THE SOCIETY

PART I N.I. CONSTITUTION OF THE COUNCIL

1.—(1) The Council shall consist of twenty-three members of whom— N.I.

(a) eighteen shall be members of the Society elected under paragraphs 2 and 9 as the representatives of pharmaceutical chemists;

(b) one shall be an associate to be so elected as the representative of the registered druggists (if any);

(c) two shall be nominated by the Queen's University of Belfast;

(d) one shall be nominated by such body as may be recognised by the Head of the Department as representative of the medical profession in Northern Ireland ( “the medical committee”);

(e) one shall be nominated by the Head of the Department to represent the wholesale drug trade in Northern Ireland.

(2) The President and the Vice-President shall be elected by the Council from the persons specified in sub-paragraph (1)( a) and ( b).

2.  The members of the Council to be elected under paragraph 1(1)( a) and ( b) shall be elected by the members and associates of the Society voting as one body. N.I.

3.  Subject to paragraph 1(1)( a) and ( b), every member or associate of the Society shall be qualified to be elected, and when elected to act, as a member of the Council. N.I.

4.  The proceedings of the Council shall not be invalidated by any vacancy in the membership of the Council or by any defect in the election of any of its members. N.I.

PART II N.I. SUPPLEMENTARY PROVISIONS AS TO THE COUNCIL

Tenure of office and elections N.I.

5.—(1) The President and Vice-President of the Council shall respectively hold office for one year, but shall be eligible for re-election. N.I.

(2) In the case of any vacancy in the office of President or Vice-President caused by the holder of such office ceasing to be a member of the Council, or by his resignation of such office or incapacity to hold it, such vacancy shall be filled by the election of some member of the council elected from the persons specified in paragraph 1(1)( a) and ( b) to hold such office.

6.—(1) The members of the Council who are representatives of the Queen's University of Belfast, of the medical committee and of the wholesale drug trade in Northern Ireland shall hold office for three years from the date of their nomination. N.I.

(2) On the expiration of the period of three years mentioned in sub-paragraph (1) and of each subsequent period of three years, the said University and committee shall respectively nominate, to represent them for a further period of three years, the same number of persons as is provided in Part I, and the Head of the Department shall nominate for such further period one person to represent the said wholesale drug trade.

(3) The member of the Council who holds office as representative of the registered druggists shall cease to hold such office on the first Monday of October in every year; and the place of that member shall be filled by election on that date.

(4) A member of the Council who holds office as a representative of the pharmaceutical chemists shall hold such office for a period of three years; and, on the first Monday in October in each year, each such member whose term of office has then expired shall retire from office and the place of the members so retiring shall be filled by election on that date.

7.  Without prejudice to paragraphs 5(1) and 8(1), every member of the Council whose term of office has expired shall be eligible for re-nomination or, as the case may require, re-election. N.I.

8.—(1) If any extraordinary vacancy occurs in the Council (except in the case of a member to whom paragraph 6(1) applies), the Council shall, on a day to be appointed by the President (not being later than the second ordinary meeting after the vacancy has been signified to the President) elect to fill the vacancy— N.I.

(a) a member, if the vacancy occurs amongst those persons who as members were elected as representatives of pharmaceutical chemists; or

(b) an associate, if the vacancy occurs in the office of druggists' representative;

and every person so elected shall continue as a member of the Council until the time when the person in whose place he was chosen would regularly have gone out of office, and he shall then go out of office, but shall be capable of immediate re-election.

(2) If any extraordinary vacancy occurs among the members of the Council to whom paragraph 6(1) applies, the said University or committee, or the Head of the Department, as the case may require, shall nominate another representative to fill the vacancy for the unexpired portion of the term of office of the member in whose place such representative is nominated.

9.  Elections of members of the Council and of the President and Vice-President shall be held, and the voting and other proceedings in the case of a contest shall be conducted, in accordance with approved bye-laws made by the Council. N.I.

Meetings N.I.

10.  At a meeting of the Council, the President, or in his absence the Vice-President, shall act as chairman, and, if both the President and Vice-President are absent, one of the members of the Council present shall be elected chairman by the majority present. N.I.

11.  At all meetings of the Council, the questions considered shall be decided by a majority, and, in the case of an equal division, the chairman shall, in addition to his own vote, have a casting vote. N.I.

Quorum N.I.

12.  The quorum for a meeting of the Council shall be seven. N.I.

Valid from 22/05/2008

[F1 SCHEDULE 2B N.I.

F1 Sch. 2A, 2B substituted (22.5.2008) for Sch. 2A by European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R. 2008/192), reg. 12, Sch.

VISITING PHARMACEUTICAL CHEMIST FROM A RELEVANT EUROPEAN STATE N.I.

Application and interpretation N.I.

1.   This Schedule applies to an exempt person who is lawfully established as a pharmacist in a relevant European State other than the United Kingdom.

2.   In this Schedule— N.I.

(a) a “visiting practitioner” means an exempt person to whom this Schedule applies;

(b) the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established as a pharmacist; and

(c) a reference to the provision of occasional pharmacy services is a reference to the provision of services as a pharmaceutical chemist in Northern Ireland on a temporary and occasional basis.

Registration in respect of provision of occasional pharmacy services N.I.

3.— (1) A visiting practitioner is entitled to be registered in the register mentioned in Article 6(1)(d) if the practitioner is entitled under paragraph 4 or 7 to provide occasional pharmacy services; and the registrar shall give effect to the entitlement.

(2) A visiting practitioner who is entitled under sub-paragraph (1) to be registered in the register mentioned in Article 6(1)(d) as a visiting pharmaceutical chemist from a relevant European State, but who is not registered in that register, shall be treated as so registered in that register.

(3) Sub-paragraph (4) applies where a person's entitlement under sub-paragraph (1) to be registered in the register mentioned in Article 6(1)(d) ceases because, by reason of the operation of paragraphs 8(1),(2) or (5), the person ceases to be entitled under this Schedule to provide occasional pharmacy services.

(4) If the person's name is registered in the register mentioned in Article 6(1)(d), the registrar may remove the person's name from that register.

(5) Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered in the register mentioned in Article 6(1)(d) on the basis of entitlement under sub-paragraph (1), of any other provision of this Order under which a registered person's name may be removed from the register mentioned in Article 6(1)(d).

Entitlement to provide occasional pharmacy services: first year N.I.

4.   A visiting practitioner is entitled to provide occasional pharmacy services if—

(a) the practitioner has complied with requirements of paragraph 5; and

(b) where the practitioner's case falls within regulation 3(9)(a) or (e) of the General Systems Regulations, the provision by the practitioner of occasional pharmacy services is in accordance with regulations 14 to 16 of those regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those regulations).

but paragraph 8 contains provision about the duration of entitlement under this paragraph.

First provision of services: required documents N.I.

5.— (1) A visiting practitioner who proposes to provide occasional pharmacy services for the first time must, before providing any such services, send or produce to the registrar the required documents.

(2) The required documents are—

(a) a written declaration that—

(i) states the practitioner's wish to provide occasional pharmacy services, and

(ii) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability;

(b) if the practitioner is a national of a relevant European State, proof of nationality;

(c) if the practitioner is not a national of a relevant European State, proof of the Community right by virtue of which the practitioner is an exempt person;

(d) evidence of qualifications in pharmacy (see paragraph 6); and

(e) a certificate issued by a competent authority in the practitioner's home State confirming—

(i) that the practitioner is lawfully established as a pharmacist in that State, and

(ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a pharmacist there.

(3) A declaration under sub-paragraph (2)(a) may be supplied by any means.

6.— (1) Subject to sub-paragraph (3), the evidence referred to in paragraph 5(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner's home State, the pharmacy services that the practitioner proposes to provide in Northern Ireland on a temporary and occasional basis. N.I.

(2) This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional pharmacy services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those regulations).

(3) If sub-paragraph (2) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner's qualifications in pharmacy is evidence of the qualifications which entitle the practitioner to practise as a pharmacist in his home State.

(4) In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise.

Entitlement to provide occasional pharmacy services after first year: renewals N.I.

7.— (1) Sub-paragraph (2) applies where the registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional pharmacy services.

(2) The visiting practitioner is entitled to continue to provide occasional pharmacy services, but paragraph 8 contains provision about the duration of entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the registrar receives the required renewal documents from a visiting practitioner—

(a) who is not entitled under this Schedule to provide occasional pharmacy services; and

(b) who has been previously entitled under this Schedule to provide occasional pharmacy services.

The visiting practitioner is once again entitled to provide occasional pharmacy services but, in a case where the practitioner's name is not in the register mentioned in Article 6(1)(d) as a result of removal otherwise than under paragraph 3(4), only if the registrar decides, after having regard (in particular) to the fact of that removal and the reasons for it, that the entitlement should be renewed.

Paragraph 8 contains provision about the duration of entitlement under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a) a renewal declaration; and

(b) each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner's wish to provide occasional pharmacy services in a further year; and

(b) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability.

(7) Where a document—

(a) is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 5;

(b) is not a declaration under paragraph 5(2)(a); and

(c) substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the registrar;

the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

Duration of entitlement to provide occasional pharmacy services N.I.

8.— (1) Unless an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement ceases at the end of the year that begins with and includes the day on which the registrar received the documents whose receipt gave rise to the entitlement.

(2) Where an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement is extended so as to cease at the end of the year that begins with and includes the relevant day.

(3) For the purposes of sub-paragraph (2)—

(a) if the day on which the registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the registrar receives those documents;

(b) otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 7(4), means the day on which the registrar receives the documents whose receipt gives rise to the entitlement.

(5) An entitlement under this Schedule to provide occasional pharmacy services ceases if—

(a) the visiting practitioner concerned becomes established as a pharmacist in Great Britain or a pharmaceutical chemist in Northern Ireland; or

(b) a disqualifying decision is made against the visiting practitioner concerned.

(6) In sub-paragraph (5) “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner's home State that has the effect that the practitioner—

(a) ceases in that State to be registered or otherwise officially recognised as a pharmacist; or

(b) is prohibited (whether on a permanent or temporary basis) from practising as a pharmacist in that State.

(7) If in the case of a visiting practitioner—

(a) the practitioner's name is removed from the register mentioned in Article 6(1)(d); and

(b) immediately before the time when the removal takes effect, the practitioner is entitled under this Schedule to provide occasional pharmacy services;

that entitlement ceases at that time.

Conditions N.I.

9.— (1) Sub-paragraph (2) applies if—

(a) the establishment of a visiting practitioner in the practitioner's home State is subject to a condition relating to the practitioner's practice as a pharmacist;

(b) the practitioner's name is registered in the register mentioned in Article 6(1)(d); and

(c) for any of the purposes of this Order it falls to be decided whether the practitioner's misconduct renders him unfit to be on the register mentioned in Article 6(1)(d).

(2) The matters that may be considered as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional pharmacy services that is, or would be if the condition applied in relation to practice as a pharmacist outside the practitioner's home State, a breach of the condition.

(3) In sub-paragraphs (1) and (2) “condition” includes limitation.]

[F2 F3 SCHEDULE 2A N.I. QUALIFYING EUROPEAN DIPLOMAS]

F2 SR 1987/457

F3 Sch. 2A, 2B substituted (22.5.2008) for Sch. 2A by European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008 (S.R. 2008/192), reg. 12, Sch.

Belgium N.I.

1.  Le diplôme légal de pharmacien/het wettelijk diploma van apoteker (the legal diploma in pharmacy) awarded by the faculties of medicine and pharmacy of the Universities, by the Central examining board or by the State examining boards for university education.

Denmark N.I.

2.  Bevis for bestaet farmaceutisk kandidateksamen (the university pharmacy certificate).

France N.I.

3.  The State diploma in pharmacy awarded by the universities or the State diploma of Doctor in Pharmacy awarded by the universities.

Germany N.I.

4.—(1) Zeugnis über die staatliche Pharmazeutische Prüfung (the State examination certificate in pharmacy) awarded by the competent authorities.

Sub-para. (2) rep. by SR 1996/393

Greece N.I.

5.  Πιατοποιητικσ των αρμοδιων αρχων, ικανοτητας ασκησης της φαρμακευτικης,χορηγουμενο μετα κρατικη εξεταση (the certificate attesting competence to pursue the acitvity of a pharmacist) issued by the competent authorities following a State examination.

Ireland N.I.

6.  The certificate of Registered Pharmaceutical Chemist.

Italy N.I.

7.  The diploma or certificate giving the right to practise pharmacy, obtained by passing a State examination.

Luxembourg N.I.

8.—(1) The State pharmacy diploma awarded by the State Examining Board and signed by the National Minister of Education.

(2) A diploma conferring on a national of the Grand Duchy a degree in respect of pharmacy which—

(a) has been granted otherwise than in a member State;

(b) is accorded official recognition by the National Minister for Education in accordance with the law of the Grand Duchy of 1st June 1969 on higher education and the recognition of foreign degrees and diplomas; and

(c) is approved for the purposes of Article 8(2)(c) by the Council.

The Netherlands N.I.

9.  Het getuigschrift van met goed gevolg afgelegd apothekersexamen (the university pharmacy certificate).

Portugal N.I.

10.  Carta de curso de licenciatura em Ciências Farmacêuticas (the certificate in pharmaceutical sciences awarded by the universities).

Spain N.I.

11.  Título de licenciado en farmacia (university degree in pharmacy awarded by the Ministry of Education and Science or by the universities).

Article 19(11).

SCHEDULE 3 N.I. PROCEEDINGS OF THE STATUTORY COMMITTEE

1.—(1) Subject to sub-paragraph (2), the quorum of the Statutory Committee shall be three, of whom the chairman shall be one, and the Committee may, subject as hereinafter provided, act by a majority of members present. N.I.

(2) An order directing that the name of a registered person shall be removed from the register shall not be made except with the consent of the chairman of the Committee.

2.  In the case of an equality of votes, the chairman of the Committee shall, in addition to his own vote, have a casting vote. N.I.

3.—(1) Subject to sub-paragraph (2), the Statutory Committee may make regulations as to the procedure to be followed by it in exercising the jurisdiction conferred on it by this Order or Part IV of the Medicines Act, but such regulations shall not have effect until confirmed by the Department and the Department may confirm any such regulations either with or without modifications. N.I.

(2) Where the Department proposes to confirm any such regulations with modifications, the Department shall inform the Committee of the proposed modifications and give to the Committee a reasonable opportunity of making any observations with respect thereto, and shall, before finally confirming the regulations, take into consideration any observations so made.

Article 26(a).

SCHEDULE 4 N.I. TRANSITIONAL PROVISIONS

1.  The Council may direct the registrar to register any name which was removed in pursuance of section 10(1)( b) of the Act of 1925 from the register of pharmaceutical chemists or the register of druggists. N.I.

2.  If any person whose name has been removed in pursuance of section 8(4) of the Act of 1945 from the register of pharmaceutical chemists, the register of druggists or the register of students for non-payment of any fee, pays to the Society, before the expiration of such period (if any) as the Council allows, the fee and any additional sum prescribed in pursuance of Article 15(3), the registrar shall, subject to the provisions of any direction of the Statutory Committee which is in force in relation to the name, register the name of that person; and, if the Council so directs, the registration shall have effect from the date on which the name was removed from the said register. N.I.

3.  Where any person whose name has been removed as mentioned in paragraph 2, or a person employed by him in the carrying on of his business, has (whether before or after the removal of the name) been convicted of any such criminal offence, or been guilty of such misconduct, as, in the opinion of the Statutory Committee, renders the convicted or guilty person unfit to have his name on the register, the Committee may, after inquiring into the matter, direct that the name removed as aforesaid shall not be registered, or shall not be registered until the Committee otherwise direct; and, where the Committee direct that a name shall not be registered until the Committee otherwise direct, they may further direct that an application to the Committee in respect of the registration of the name shall not be entertained until the expiration of such period as is specified in the direction or the fulfilment of such conditions as are so specified. N.I.

4.  Where the name of any person was absent from the register of pharmaceutical chemists or the register of druggists immediately before the commencement of this Order in pursuance of a direction given under section 13(1) of the Act of 1945 for the removal of the name from that register, the Statutory Committee may, either of their own motion or on the application of that person, being an application made consistently with any direction of the Statutory Committee applicable to him, direct the registrar to register the name of that person, either without any fee or on payment to the Society of such fee as is prescribed in pursuance of Article 20(2); but, where a judge of the High Court has dismissed an appeal against the direction given under the said section 13(1), a direction under this paragraph shall not take effect unless approved by the Lord Chief Justice. N.I.

5.  The provisions of Articles 21 and 22 and of paragraph 1(2) of Schedule 3 shall apply in relation to a direction of the Statutory Committee under paragraph 3, and the provisions of Article 22 shall apply in relation to— N.I.

(a) a direction such as is mentioned in paragraph 4, as they apply in relation to a direction under this Order; and

(b) a refusal of an application such as is mentioned in paragraph 4, as they apply in relation to the refusal of an application under Article 20(2).

6.  Nothing in this Order shall affect any articles of apprenticeship entered into by any student of the Society before the 1st August 1967, and, in relation to any apprenticeship which is the subject of such articles, any provision of the Pharmacy and Poisons Acts (Northern Ireland) 1925 to 1955, and any regulation made under such a provision, which was applicable thereto immediately before the 1st August 1967 shall be deemed to continue in force and to have effect as if the Pharmacy Act (Northern Ireland) 1967 [1967 c.12] had not been passed and this Order had not been enacted. N.I.

7.  Nothing in this Order shall affect the term of office of a member of the Council who holds office at the commencement of Article 4(2). N.I.

N.I.

Schedule 5—Amendments

N.I.

Schedule 6—Repeals